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The Status of National Legal Frameworks for Valuing Compensation for Expropriated Land: An Analysis of Whether National Laws in 50 Countries/Regions across Asia, Africa, and Latin America Comply with International Standards on Compensation Valuation

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  • Nicholas K. Tagliarino

    (Faculty of Law, University of Groningen, P.O. Box 72, 9700 AB Groningen, The Netherlands)

Abstract

The challenges associated with determining fair compensation for expropriated land have been extensively discussed and debated among scholars, practitioners, policymakers, and the public. However, to date, a comprehensive study of national-level compensation procedures established by law considering whether such procedures meet internationally recognized standards on compensation valuation has not been conducted. This article aims to bridge this gap by serving as a reference point and informing “fair compensation” debates among scholars, practitioners, and policymakers. This article examines national-level legal provisions on compensation in 50 countries/regions across Asia, Africa, and Latin America against a set of legal indicators that are based on international standards on the valuation of compensation. The legal indicators focus on the substantive and procedural requirements pertaining to the calculation of compensation. The indicators ask whether laws require assessors to account for various land values when calculating compensation, and whether there are legal processes in place that allow affected persons to negotiate compensation amounts, receive prompt payments, and hold governments accountable by appealing compensation decisions in courts or before tribunals. The results of the study show that most of the 50 countries/regions assessed do not have national laws that comply with internationally recognized standards on the valuation of compensation. Based on the findings from the legal indicator analysis, this paper presents a set of recommendations for reforming compensation procedures to bring them into conformity with international standards.

Suggested Citation

  • Nicholas K. Tagliarino, 2017. "The Status of National Legal Frameworks for Valuing Compensation for Expropriated Land: An Analysis of Whether National Laws in 50 Countries/Regions across Asia, Africa, and Latin America Comply with ," Land, MDPI, vol. 6(2), pages 1-29, June.
    • Handle: RePEc:gam:jlands:v:6:y:2017:i:2:p:37-:d:100274
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    2. Muhammad Usman Adekunle & Hadiza Tijjani Bello & Samirah Ibrahim Jibril & Ibrahim Idris, 2020. "Landholders' Satisfaction with Compulsory Acquisition and Compensation Process in Bauchi, Nigeria," Traektoriâ Nauki = Path of Science, Altezoro, s.r.o. & Dialog, vol. 6(12), pages 2007-2011, December.
    3. Zhongcheng Yan & Feng Wei & Xin Deng & Chuan Li & Yanbin Qi, 2021. "Does Land Expropriation Experience Increase Farmers’ Farmland Value Expectations? Empirical Evidence from the People’s Republic of China," Land, MDPI, vol. 10(6), pages 1-23, June.
    4. Ernest Uwayezu & Walter T. de Vries, 2020. "Can In-Kind Compensation for Expropriated Real Property Promote Spatial Justice? A Case Study Analysis of Resettlement in Kigali City, Rwanda," Sustainability, MDPI, vol. 12(9), pages 1-34, May.
    5. John R. Owen & Vlado Vivoda & Deanna Kemp, 2020. "Country-level governance frameworks for mining-induced resettlement," Environment, Development and Sustainability: A Multidisciplinary Approach to the Theory and Practice of Sustainable Development, Springer, vol. 22(5), pages 4907-4928, June.
    6. Wen, Lanjiao & Chatalova, Lioudmila & Butsic, Van & Hu, Fox ZhiYong & Zhang, Anlu, 2020. "Capitalization of land development rights in rural China: A choice experiment on individuals’ preferences in peri-urban Shanghai," Land Use Policy, Elsevier, vol. 97(C).
    7. Partson Paradza & Joseph Awoamim Yacim & Benita Zulch, 2022. "Benchmarking Zimbabwe'S Global Compensation Agreement Against The Provisions Of Existing Laws Guiding Compensation For Expropriated Properties," AfRES 2022-058, African Real Estate Society (AfRES).
    8. Sankalp Sharma & Anil Giri & Tajamul Haque & Iuliia Tetteh, 2018. "Land Acquisition in India: A Pareto and Kaldor-Hicks Perspective," Land, MDPI, vol. 7(2), pages 1-12, May.
    9. Nicholas K. Tagliarino & Yakubu A. Bununu & Magbagbeola O. Micheal & Marcello De Maria & Akintobi Olusanmi, 2018. "Compensation for Expropriated Community Farmland in Nigeria: An In-Depth Analysis of the Laws and Practices Related to Land Expropriation for the Lekki Free Trade Zone in Lagos," Land, MDPI, vol. 7(1), pages 1-38, February.
    10. Linshu Qiu & Dongxiao Yang & Kairong Hong, 2023. "Multidimensional Preference Game and Extreme Dispute Resolution for Optimal Compensation of House Expropriation," Mathematics, MDPI, vol. 11(11), pages 1-20, May.
    11. Liz Alden Wily, 2018. "Collective Land Ownership in the 21st Century: Overview of Global Trends," Land, MDPI, vol. 7(2), pages 1-26, May.
    12. Alice Nikuze & Richard Sliuzas & Johannes Flacke, 2020. "From Closed to Claimed Spaces for Participation: Contestation in Urban Redevelopment Induced-Displacements and Resettlement in Kigali, Rwanda," Land, MDPI, vol. 9(7), pages 1-19, July.
    13. Chenxi Li & Zenglei Xi, 2019. "Social Stability Risk Assessment of Land Expropriation: Lessons from the Chinese Case," IJERPH, MDPI, vol. 16(20), pages 1-20, October.

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